Suits to Use v. Aetna C. S. Co.

Opinion by

Cunningham, J.,

The single question covered by the statement of the question involved upon this appeal is whether the trial judge erred in charging the jury that there was no evidence to support the defendant’s contention that the legal plaintiff had entered into an accord and satisfaction with it.

A brief statement of some undisputed facts will define the relations of the parties and indicate the roots of the controversy.

By a written contract, dated September 1, 1923, the defendant surety company appointed the legal plaintiff, Frank C. Suits, a licensed insurance broker, (hereinafter…